I wish to be removed from a will
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I wish to be removed from a will
I am a longtime friend of a woman who is now in hospice. I am named in the will but family members also named in this will are resentful of me and of course fighting with each other about who should get what. I don’t want any part of that ugly scene and wish to be taken out of the will. My relationship was not about money but about mutual friendship and I want to keep it that way. Can this be done simply? Is there a precedent for such a request?
Asked on March 12, 2018 under Estate Planning, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
At this point, since this woman is in hospice, she most probably is in no condition to amend her Will or re-execute a new one. Accordingly, what you can do is to renounce (or disclaim) your inheritance. In order to be valid, the renunciation must be: (1)in writing, (2) an unqualified refusal to accept any interest in the asset in question, and (3) delivered to the executor within a certain period of time from the date of the decedent's death (this time varies from state-to-state). The Will then determines who inherits the renounced share.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.